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The Convergence of Judicial Rules between Mainland China and Hong Kong has Reached a Higher Level
By Du Tao* and Jingwei Qiu**
With the increasingly close personnel exchanges and deepening economic cooperation between Mainland China and Hong Kong, the number and types of legal disputes between the two regions have also increased. Against the backdrop of adhering to the “One Country, Two Systems” principle and the Basic Law of Hong Kong, the judicial and legal professions of the two regions have worked closely together and finally signed “the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region (hereinafter referred to as “REJ Arrangement”) in January 2019, which will come into effect in January 2024. REJ Arrangement aims to establish an institutional arrangement for the courts of the Mainland and the Hong Kong Special Administrative Region to recognize and enforce judgments in civil and commercial cases, achieve the “circulation” of judgments in civil and commercial cases, reduce the burden of repeated litigation, and save judicial resources in the two regions.
Colonialism and German PIL (1) – Colonial Structures in Traditional PIL
This post is the first of a series regarding Colonialism and the general structure of (German) Private International Law, based on a presentation I gave in spring 2023. See the introduction here.
As mentioned in the introduction, this series does not intent to automatically pass judgment on a norm or method influenced by colonialism as inherently negative (I emphasise this because my experience shows that the impression quickly arises). Instead, the aim is to reveal these influences and to initiate a first engagement with and awareness of this topic and to stimulate a discussion and reflection.
The first category, to be discussed today, relates to the (sometimes unconscious) implementation and later continuation of the colonial structure in PIL – now and then.
Colonialism and German Private International Law – Introduction to a Post Series
In March 2023 I gave a talk at the conference of the German Society of International Law. The conference had the title “Colonial Continuities in International Law“ and my presentation focused on “Continuation of colonialism in contemporary international law? – Foundations, structures, methods from the perspective of PIL“. Thus, I was exploring those foundations, basic structures, and fundamental methods of mainly German Private International Law (PIL) and whether and how they have been influenced by colonialism.
News
Out Now: Mazza, ‘Il foro dell’obbligazione nata in internet’
An impressive Italian monograph of more than 400 pages on jurisdiction in internet cases (‘Il foro dell’obbligazione nata in internet’) has just been published.
The author has kindly provided the following summary:
The book addresses the topic of civil jurisdiction over disputes arising on the Internet, observing it from different perspectives. In the first chapter the Author delves into the United States case law on the so-called “Internet torts”, reaching the conclusion that solutions based on the targeting test could be usefully employed to draft an international convention with the aim of establishing rules in the current confusing scenario. In the second and third chapters the doctrine of forum non conveniens and the phenomenon of libel tourism are explored in-depth. The fourth chapter examines the main decisions issued by the CJEU concerning jurisdiction over contractual and extracontractual liability (including cases such as eDate, Bolagsupplysningen, Pammer, etc.), while the fifth chapter is focused solely on Italian procedural rules and case law. In the last two chapters, starting from the assumed need to ensure the effectiveness of judicial remedies, the problems of the extraterritorial scope of online content removal orders as well as important EU Regulations (mostly the Digital Services Act and the GDPR) are examined, with finally a part on the “Schrems saga” and the EU-US agreements on the transfer of personal data (including the EU-US Data Privacy Framework).
ZEuP – Zeitschrift für Europäisches Privatrecht 1/2025
A new issue of ZEuP – Zeitschrift für Europäisches Privatrecht is now available and includes contributions on EU private law, comparative law and legal history, legal unification, private international law, and individual European private law regimes. The full table of content can be accessed here: https://rsw.beck.de/zeitschriften/zeup.
The following contributions might be of particular interest for the readers of this blog: Read more
Call for papers: 3rd Postgraduate Law Conference of the Centre for Private International Law and Transnational Governance (Aberdeen)
The Centre for Private International Law and Transnational Governance of the University of Aberdeen is pleased to announce that it is now accepting submissions for the 3rd Postgraduate Law Conference of the Centre for Private International Law which will take place online on 6 June 2025.
Conference Theme: New Dimensions in Private International Law Read more